cover
Contact Name
Nyoman Gede Sugiartha
Contact Email
konstruksihukumjurnal@gmail.com
Phone
+6281237083338
Journal Mail Official
konstruksihukumjurnal@gmail.com
Editorial Address
https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam
Location
Kota denpasar,
Bali
INDONESIA
Jurnal Konstruksi Hukum
Published by Universitas Warmadewa
ISSN : 27465055     EISSN : 28099648     DOI : doi.org/10.22225/jkh
Core Subject : Social,
Jurnal Konstruksi Hukum is a law of student journal articles for Law Science published by Warmadewa University Press. Jurnal Konstruksi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year january, may and september, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 280 Documents
Tinjauan Yuridis terhadap Kuasa yang Diberikan WNI kepada WNA untuk Mengalihkan Hak atas Tanah A.A. Gede Cahya Pratama; I Nyoman Sumardika; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (280.737 KB) | DOI: 10.22225/jkh.1.1.2120.1-6

Abstract

A representative institution takes possession of a unique characteristic since the legal consequences born by both the principal and the attorney in fact are divergent. This is why the attorney as a part of a representative legal institution in practice causes many problems. In terms of granting the attorney, what is done in practice is in opposition to the ordinary granting of power, in that, the intended attorney is given by an Indonesian citizen (hereinafter is WNI) to a foreign citizen (hereinafter is WNA) to transfer the title to land of an Indonesian citizen to the party who wants to purchase the land that has been controlled. In the study, there are two legal issues examined, the form of granting the attorney by Indonesian citizens to foreign nationals regarding the transfer of title to land and the legal consequences arising from the granting of the attorney. The results indicate that the granting of attorney is not in the form of a full action against what is granted to the attorney in fact by principal, but an act of attorney which is only an extension of the hand of the principal over what the principal wants in accordance with Article 1792 BW. The legal consequences arising from granting attorney from Indonesian citizens to foreign nationals are in full responsibility of the principal within predetermined limits. Every citizen needs pay serious attention to realising in the real actions the determination of not to transfer their ownership rights of lands to other parties outside of Indonesian citizens. This can be supported by the conducting a number of scientific studies related to the ownership of lands, including those related to anticipatory efforts towards it.
Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas A.A. Kompiang Dhipa Aditya; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.904 KB) | DOI: 10.22225/jkh.1.1.2121.7-12

Abstract

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.
Perlindungan Hukum Merek Terkenal Terkait dengan Persaingan Usaha Tidak Sehat A.A. Ngurah Bagus Bayu Prasetia; I Nyoman Putu Budiartha; Ni Made Puspa Sutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (280.17 KB) | DOI: 10.22225/jkh.1.1.2122.13-18

Abstract

With the current development, there are many well-known brands circulating in the market all over Indonesia, especially the ones that are deliberately counterfeited by business actors violating existing regulations for profit. The circulation of a well-known brand that is widely fabricated has spread to all levels of society. With the existence of various well-known brands, there will be a negative impact, such as the emergence of brand violations which is a form of unfair business competition. This study examines the regulation towards the well-known brands in Indonesia and the legal protection for well-known brands in relation to unfair business competition in Indonesia. To achieve these goals, this study was conducted using normative legal research method. Initially, the regulation of the famous brands is regulated in the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). At this time, Indonesia has made its own regulations regarding Famous Marks and most recently the Regulations regarding famous marks are regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Preventive legal protection aims to provide a legal umbrella for entrepreneurs who have well-known brands to anticipate violations. Repressive legal protection provides the final legal umbrella for imposing sanctions on business actors who deliberately copy the famous brands that have been registered in Indonesia. Civil and criminal remedies are given when a dispute has occurred or a violation has been committed. The government should conduct socialization regarding the forms of violations. Entrepreneurs should be more creative and advertise their own brands more so that people can get clear information about well-known brands, both genuine and the counterfeited.
Perlindungan Hukum terhadap Konsumen yang Mengkonsumsi Daging Ayam Tidak Layak Jual di Pasar Badung – Bali Adinikum Keba Tunggu; I Nyoman Putu Budiartha; Ni Made Sukariyati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.367 KB) | DOI: 10.22225/jkh.1.1.2123.214-219

Abstract

Consumer protection is a legal instrument created to protect and fulfill the rights of consumers according to the correct procedures. However according to existing problems in the field resulting in losses for consumers. In this case business actors often commit fraud in order to obtain maximum profit or actions taken by business actors it is only in their interests to enrich themselves even though such actions are clearly violated by legislators. In law number 8 of 1999 concerning consumer protection in article 1 paragraph 2 consumers are every person using goods and / or services available in the community both for self family other people and other living things and not for trade. This study aims to find out 1. How is the legal protection for consumers who consume chicken meat not worth selling at Badung Market. 2. What is the effort made by the Food and Drug Supervisor (BPOM) when the sale of chicken meat is not suitable for consumption? To answer the above researchers then use Empirical Method by collecting interview data then it is processed and analyzed into works of faith. And researchers identify legal issues and answer. Other legal symptoms in the literature.
Sanksi Pidana bagi Pelaku Tindak Pidana Pedofilia terhadap Anak Agus Rai Mahardika; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.896 KB) | DOI: 10.22225/jkh.1.1.2124.19-25

Abstract

In Indonesia, to date, the world of children has become very concerning. This is not in words, but there is a fact that does exist and should receive serious attention. This is evidenced by the growing number of non-governmental organizations caring about the fate of Indonesian children, and there is good faith in the government to overcome the situation by issuing stricter rules and regulations to ensure the protection for children. This study examines the legal arrangements for perpetrators of criminal acts of sexual harassment against minors and the legal sanctions. This research is a legal research and the approach used is a normative juridical approach that is descriptive analytic. The data collected comes from the prevailing laws and regulations, which are analyzed quantitatively and then interpreted by deductive method. Sexual harassment appears as a form of sexual act or discourse in which an adult seeks sexual gratification with a minor. Sexual abuse of a child can include contact or interaction between a child and an adult, wherein the child is exploited for sexual stimulation by the offender or another person who is in a position of power or control over the victim, including inappropriate physical contact, making pornography or showing adult genitals to children. Sanctions for sexual harassment are strictly regulated in the Criminal Code, namely in Articles 287, 290, 293, 294, and 295. Meanwhile, according to the Child Protection Law no. 23 of 2002, it is regulated in articles 78, 82 and 88. In all of these articles, it is explained about the criminal provisions and the types of sanctions given to the perpetrators of the sexual harassment. The sanctions given are in the form of imprisonment and fines.
Implementasi Peraturan Bupati Gianyar Nomor 57 Tahun 2018 terhadap Penyediaan Fasilitas Parkir di Kawasan Pariwisata Ubud Anak Agung Istri Pradnya Paramitha; Anak Agung Sagung Laksmi Dewi; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (213.536 KB) | DOI: 10.22225/jkh.1.1.2125.32-37

Abstract

Changing the habits of tourists and the community using the road as a parking lot is still considered truly difficult. Efforts made by the government, such as providing a parking center and firm action for offenders who still use the road as a parking lot in the Ubud tourism area, have also not been able to solve this problem. The problems discussed in this study are the effectiveness of the implementation of the Gianyar Regent Regulation (Perbup) Number 57 of 2018 related to the provision of parking facilities in the Ubud tourism area and the factors that influence the occurrence of parking violations in the tourism area. The research was designed using empirical legal research which is also known as field research. The results of the study reveal that the effectiveness of the implemention of the Gianyar Perbup Number 57 of 2018 related to the provision of parking facilities in the Ubud tourism area has not been effective because of the many parking problems existing in the area. The factors influencing the occurrence of parking rules violations in the parking area include internal factor and external factor. Firmness from the implementing agency of the Perbup is needed so that the regulation can be more effective and the vehicle owners are expected not to park their vehicles carelessly.
Pengawasan terhadap Transaksi Bisnis E-Commerce dalam Mewujudkan Perlindungan Konsumen Anak Agung Made Ayu Rai Lidya Astari; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.521 KB) | DOI: 10.22225/jkh.1.1.2126.38-43

Abstract

E-commerce is a buying and selling activity carried out via the internet with electronic media. Based on this, two problems were raised as follows: 1). What are the aspects of consumer protection against electronic business transactions, 2). How to regulate the control of electronic business transactions in ensuring the implementation of consumer rights. The research method used in the preparation of this research is normative with a statutory approach and a conceptual approach, namely analyzing the problems to be discussed through legal concepts taken from several books and literature that have relevance to the problem. The data sources used are primary data, namely through statutory regulations, secondary data, namely using legal theory and experts, and tertiary data, namely related to legal dictionaries and encyclopedias. The technique of collecting data is through the method of recording legal materials and collecting references used. The data analysis used systematic legal interpretation and legal argumentation based on deductive logic. However, all the benefits that are offered, there is a concern about the responsibility of online companies to online consumers considering so many online companies. The Trade Law and the Consumer Protection Act are the basis for trading in online trading and / or in conventional trading. In this case the need for supervision in order to improve harmony in each application. The results showed that the aspect of protection was carried out by defending the rights of consumers against the disturbance of other parties. In order to increase awareness, knowledge, concern and independence of consumers, especially in choosing, determining and demanding their rights as consumers. There are several principles in consumer protection, namely the principle of benefit, the principle of justice, the principle of security and safety, the principle of balance, the principle of legal certainty.
Sanksi Pidana terhadap Guru yang Melakukan Tindak Penganiayaan kepada Murid saat Proses Pembelajaran Anak Agung Ngurah Adhi Wibisana; I Made Sepud; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.514 KB) | DOI: 10.22225/jkh.1.1.2127.44-50

Abstract

Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.
Hak-Hak Tersangka (Miranda Rule) pada Tahap Penyidikan dalam Kitab UU Hukum Acara Pidana Anak Agung Putu Surya Wiguna; I Made Sepud; I Nyoman Sujana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.186 KB) | DOI: 10.22225/jkh.1.1.2128.51-56

Abstract

The protection of the rights of a criminal suspect is very important because after all the suspect is a person whose personal independence has been taken away as a result of arrest, detention, confiscation and so on. Therefore, the law is needed to guarantee the taking of rights from these suspects. The purpose of this research is to find out the arrangements for the rights of suspects (Miranda Rule) at the investigation stage in the Criminal Code Law and to discuss legal protection of the rights of suspects (Miranda Rule) at the investigation stage. This research uses a normative legal research method using a statutory approach by examining all laws related to the writing of the rights of suspects (Miranda Rule) at the investigation stage of the Criminal Procedure Code and a conceptual approach by combining expert opinions so that it becomes a researcher's argument. The results of the research show that the regulation of the rights of suspects (Miranda Rule) at the stage of investigation in the Criminal Procedure Code is suspected in Article 1 paragraph (14) of the Criminal Procedure Code for a person who due to his actions or circumstances, based on preliminary evidence, is reasonably suspected of being the perpetrator of a criminal offense, the Miranda Rule regulation applies in law. Criminal Procedure in Indonesia. Suspects. In addition, the legal protection of the suspect at the investigation stage has explicitly tried to provide protection to avoid harsh treatment of the suspect or defendant. Investigators should have followed the rules to explain the rights of suspects. Apart from that, special attention should be paid to law enforcement in Indonesia, and it is hoped that suspects must better understand their rights as suspects so that they can defend themselves.
Penegakan Perda Kota Denpasar di Kawasan Prostitusi Belanjong Sanur Anju Indah Sucita; I Ketut Sukadana; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (256.787 KB) | DOI: 10.22225/jkh.1.1.2129.57-62

Abstract

Social problems related to prostitution continue to develop from various cities, as well as the city of Denpasar as a metropolitan city where there is a place of prostitution in one of the Denpasar areas, namely Belanjong Sanur. With the Regional Regulation (Perda) of Denpasar City Number 1 of 2015 concerning Public Order, it is hoped that its implementation. Based on the background of the problem above, the purpose of this study is to determine the implementation of the Regional Regulation (Perda) of Denpasar City Number 1 of 2015 concerning Public Order in the Belanjong Sanur area and to analyze how the efforts made by the Denpasar City Government in eradicating prostitution in the Belanjong area Sanur. This type of research is empirical legal research using descriptive qualitative data analysis methods. The results showed that the implementation of the Denpasar City Regional Regulation (Perda) Number 1 of 2015 concerning Public Order in the Belanjong Sanur area, which was implemented by the Denpasar City Civil Service Police Unit (Satpol PP) has been carried out well. Furthermore, the efforts made by the Denpasar City Government in eradicating prostitution in the Belanjong Sanur area, in general, the efforts to overcome prostitution can be divided into two, namely efforts that are preventive in nature and actions that are repressive in nature. Preventively in the Belanjong Sanur area, namely conducting socialization and counseling. The law enforcement carried out by Satpol PP is by controlling the location of prostitution and making arrests, as is their obligation as the enforcer of Perda No.1 of 2015.

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